The debate over GM contamination on a Kojonup property is set to continue in the WA Supreme Court.

ABC TV

There is a lot of legal work going on behind the scenes to work towards a final outcome to the landmark genetically modified (GM) contamination trial involving two neighbouring farmers in Western Australia’s Great Sothern.

Kojonup organic farmer Steve Marsh took his neighbour Michael Baxter to court earlier this year, claiming GM canola drifted onto his land and caused him to lose this organic certification in 2010.

As well as financial compensation, Marsh wanted Western Australia's Supreme Court to issue a permanent injunction banning Baxter from planting GM crops.

But Justice Kenneth Martin came down on the side of Baxter when he delivered his judgment in May.

Steve Marsh has since lodged an appeal.

A full written submission was provided by Marsh and his lawyers last week and it's now up to Baxter's team of lawyers to respond within 45 days.

The grounds of this appeal haven’t yet been made public and each side is keeping their cards close to their chests.

“The one thing we do know is that the grounds for appeal are not on GM crop safety. Both sides, the defence and plaintiff, agreed that GM crops were safe so that is an important point for the canola growers of Western Australia and Australia,” says John Snook of the Pastoralists and Graziers’ Association, which has supported Baxter from the beginning

The organic voice in this fight is just as a confident the ruling of the appeal will fall in its favour.

“In Australia cases are overturned on appeal regularly. A single judge decision, which is the first decision that was handed down, is always open to interpretation by an appeals panel of three judges,” he said.

“The grounds for appeal are either areas in law or areas in fact and I understand Steve is making his appeal in both of those areas.”